与贸易有关的知识产权协定(中英文)

 

3.         There shall be no obligation to restore protection to subject matter which on the date of application of this Agreement for the Member in question has fallen into the public domain.

 

4.         In respect of any acts in respect of specific objects embodying protected subject matter which become infringing under the terms of legislation in conformity with this Agreement, and which were commenced, or in respect of which a significant investment was made, before the date of acceptance of the WTO Agreement by that Member, any Member may provide for a limitation of the remedies available to the right holder as to the continued performance of such acts after the date of application of this Agreement for that Member.  In such cases the Member shall, however, at least provide for the payment of equitable remuneration.  

 

5.         A Member is not obliged to apply the provisions of Article 11 and of paragraph 4 of Article 14 with respect to originals or copies purchased prior to the date of application of this Agreement for that Member.

 

6.         Members shall not be required to apply Article 31, or the requirement in paragraph 1 of Article 27 that patent rights shall be enjoyable without discrimination as to the field of technology, to use without the authorization of the right holder where authorization for such use was granted by the government before the date this Agreement became known.

 

7.         In the case of intellectual property rights for which protection is conditional upon registration, applications for protection which are pending on the date of application of this Agreement for the Member in question shall be permitted to be amended to claim any enhanced protection provided under the provisions of this Agreement.  Such amendments shall not include new matter.

 

8.         Where a Member does not make available as of the date of entry into force of the WTO Agreement patent protection for pharmaceutical and agricultural chemical products commensurate with its obligations under Article 27, that Member shall:

 

(a)        notwithstanding the provisions of Part VI, provide as from the date of entry into force of the WTO Agreement a means by which applications for patents for such inventions can be filed;

 

(b)        apply to these applications, as of the date of application of this Agreement, the criteria for patentability as laid down in this Agreement as if those criteria were being applied on the date of filing in that Member or, where priority is available and claimed, the priority date of the application;  and

 

(c)        provide patent protection in accordance with this Agreement as from the grant of the patent and for the remainder of the patent term, counted from the filing date in accordance with Article 33 of this Agreement, for those of these applications that meet the criteria for protection referred to in subparagraph (b).

 

9.         Where a product is the subject of a patent application in a Member in accordance with paragraph 8(a), exclusive marketing rights shall be granted, notwithstanding the provisions of Part VI, for a period of five years after obtaining marketing approval in that Member or until a product patent is granted or rejected in that Member, whichever period is shorter, provided that, subsequent to the entry into force of the WTO Agreement, a patent application has been filed and a patent granted for that product in another Member and marketing approval obtained in such other Member. 

 

 

Article 71

 

Review and Amendment

 

1.         The Council for TRIPS shall review the implementation of this Agreement after the  expiration of the transitional period referred to in paragraph 2 of Article 65.  The Council shall, having regard to the experience gained in its implementation, review it two years after that date, and at identical intervals thereafter.  The Council may also undertake reviews in the light of any relevant new developments which might warrant modification or amendment of this Agreement. 

 

2.         Amendments merely serving the purpose of adjusting to higher levels of protection of intellectual property rights achieved, and in force, in other multilateral agreements and accepted under those agreements by all Members of the WTO may be referred to the Ministerial Conference for action in accordance with paragraph 6 of Article X of the WTO Agreement on the basis of a consensus proposal from the Council for TRIPS.

 

 

Article 72

 

Reservations

 

            Reservations may not be entered in respect of any of the provisions of this Agreement without the consent of the other Members.

 

Article 73

 

Security Exceptions

 

            Nothing in this Agreement shall be construed:

 

(a)        to require a Member to furnish any information the disclosure of which it considers contrary to its essential security interests;  or

 

(b)        to prevent a Member from taking any action which it considers necessary for the protection of its essential security interests;